2026-02-09 1250 Oceanside LLC Objection to Proposed Amended FOF, COL, D&O (PL-BOA-2024-000104)

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agency for a declaratory order as to the applicability of any statutory provision or of any rule or order of the agency. Each agency shall adopt rules prescribing the form of the petitions and the procedure for their submission, consideration, and prompt disposition. Orders disposing of petitions in such cases shall have the same status as other agency orders. 2. Planning Department's Rules of Practice n/a and Procedure ("PRPP") Rule 3-1(a) states: (a) On petition of an interested person, the Director may issue a declaratory order as to the applicability of any statutory provision, ordinance, or of any rule or order of the Director or the Department. 3. PRPP Rule 3-1(c) states: n/a (c)Within sixty days after the submission of a petition for declaratory ruling, the Director shall either deny the petition in writing, stating the reasons for such denial or issue a declaratory order on the matters contained in the petition, or set the matter for a public hearing, as provided in Sections 3-2, 3-3 and 3-4 of these rules. 4. PRPP Rule 3-1(a) gives the Planning Oceanside objects to Proposed COL 4 on the Director the discretion to "issue a grounds that it mischaracterizes the nature and declaratory order as to the applicability extent of the Planning Director's authority and of any statutory provision, ordinance, or discretion when responding to petitions for any rule or order of the Director or the declaratory rulings pursuant to Rule 3-1 of the Department." Planning Department Rules of Practice and Procedure ("PD Rules"). The Hawaii Supreme Court has explained that, "[b]y empowering agencies generally with the authority to adopt rules regarding the manner in which declaratory ruling petitions shall be considered and disposed of, the 13 4906-3356-8652.1.051730-00058